Murder
- Created by: __Jess
- Created on: 23-03-23 19:37
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- Murder
- Actus reus
- The unlawful killing of a reasonable person in being under the Queen's peace
- Unlawful killing
- Can be an act or omission
- Gibbins and Proctor
- A killing can be lawful if it is for the greater good
- Re A
- Can be an act or omission
- Reasonable creature in being
- A foetus is not a reasonable creature in being
- AG's Reference No 3 of 1994
- A brain-dead person does not count
- Malcherek and Steel
- A foetus is not a reasonable creature in being
- Queen's Peace
- It is not a crime to kill the enemy at war
- Causation
- Factual causation
- But for test
- R v White
- Legal causation
- De minimis
- Medical intervention can be a novus actus interveniens
- R v Jordan
- R v Smith
- R v Cheshire
- Thin skull rule
- R v Hayward
- R v Pagett
- Factual causation
- Unlawful killing
- The unlawful killing of a reasonable person in being under the Queen's peace
- Mens rea
- With malice aforethought, express or implied
- Express
- Intention to kill
- Implied
- Intention to cause GBH
- R v Vicker
- Intention to cause GBH
- Oblique intent is used
- R v Woolin
- Transferred malice applies
- R v Latimer
- Express
- With malice aforethought, express or implied
- Defined by Lord Coke 1797
- Actus reus
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